Will I have more leverage in my divorce because my husband moved out? 17 Answers as of March 14, 2011

Would the fact that the husband moved out to live with another woman give the wife more leverage in a divorce proceeding?

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Maybe if the house is an issue.
Answer Applies to: California
Replied: 3/14/2011
Raheen Law Group, P.C.
Raheen Law Group, P.C. | Wali Raheen
If a minor child is involved, this may weigh in your favor. But more facts need to be analyzed in order to make a better determination.
Answer Applies to: Virginia
Replied: 3/11/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes, but only some added leverage since that only forms 1/11th of the various elements to be determined.
Answer Applies to: New York
Replied: 3/11/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
In CT the cause of the breakdown is one of many factors the court looks at when awarding property or alimony. Please contact us if you wish to discuss further; we have a free initial consultation. Good luck.
Answer Applies to: Connecticut
Replied: 3/11/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
Not necessarily more "leverage" it depends on what you are asking for in the divorce and what you have. The fact that he has moved does give you leverage in the sense that you have the "grounds" for divorce.
Answer Applies to: Illinois
Replied: 3/11/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    Oregon is what is called a "no fault" state, meaning you do not need to state a reason other than irreconcilable differences, in order to file for divorce. The fact that your husband has moved in with another woman will not give you any more leverage when it comes to property division or support. The only time an affair or infidelity can really come into a divorce proceeding in Oregon is when it comes to child custody and parenting time. In Oregon, the basic rule is that property (assets and debts) will be divided equitably. That means the division will be "fair" not 50-50.
    Answer Applies to: Oregon
    Replied: 3/11/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    No, because the fact of "who moved out" is not, by itself relevant to anything.
    Answer Applies to: Colorado
    Replied: 3/11/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Yes and No. It does provide ample evidence of adultery and you can ask for a finding. Most people do not want this in the papers so he may be more agreeable in exchange for your letting the papers say irreconcilable differences. If there are kids involved and a custody fight ensues, it gives you a better position in that most (note, not all) Judges frown upon such behavior when the children are young enough to see the "poor example" your husband has set.

    Stated another way, it gives you some leverage, but most likely not as much as you want or would hope. That said, it does raise other issues such as reimbursement claims, disproportionate division of marital assets due to the fault in the break-up, etc. that I would be happy to discuss with you if you are in Collin or Dallas County. My firm is located in Plano, so I handle divorces in Dallas and Collin counties only.
    Answer Applies to: Texas
    Replied: 3/11/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    It depends. If you live in a no fault state, not really. It also depends if you are talking about leverage regarding financial matters or the children, if any. It would effect the outcome of rulings regarding the children in most states. It could theoretically influence the court financially too. I only know Washington Law. In regards to child support, it could make a difference because if he asked for a deviation, the court has to consider his new friend's income. In all child support cases, he has to reveal the income. On the other hand, judges are human and they may not like that your husband left. However, the judge may have seen lots of cases and know that most relationships change because of the dance that goes on between both people - it is never all one person's fault. In short, I wouldn't count on it mattering as much as it hurts emotionally. An attorney experienced in family law in your state could give you a more definitive answer. I wish you the best.
    Answer Applies to: Washington
    Replied: 3/11/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Not in California. If you are looking for assistance with your family law matter, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 3/11/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Not necessarily.

    Divorce is a no-fault proceeding in California, so the Court would not consider your husband's move-out and cohabitation unless it impacted a relevant issue in the divorce case.

    For instance, if your husband moved in with a registered sex offender, that would impact the issues of Child Custody and Visitation.

    I note that if your husband paid for his girl-friend's rent or other costs of living before the date of separation, the marital community could recover those payments if appropriately sought.

    Also, if you are the high-earner and he is the low-earner, and if he would otherwise qualify to receive Spousal Support from you, his cohabitation with his girl-friend creates a presumption of decreased need of support, and could result in his receiving a lower amount of Spousal Support, or no Spousal Support.

    However, if you are the low-earner and he is the high-earner, his cohabitation with his girl-friend wouldmost likely not impact the amount of Spousal Support that you would receive.
    Answer Applies to: California
    Replied: 3/11/2011
    Bartholomew & Wasznicky LLP
    Bartholomew & Wasznicky LLP | Hal D. Bartholomew
    In California the grounds for a dissolution of marriage is "Irreconcilable Differences." The reasons for the divorce are not relevant. The only time the Court will listen to the facts and circumstances of what happened if it would be relevant to the issue of child custody and visitation. Husband's new living situation could have an impact of how children are shared.
    Answer Applies to: California
    Replied: 3/10/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    California is a no fault state. So, it will not help you in your case.
    Answer Applies to: California
    Replied: 3/11/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    It *may* give you more leverage for certain issues within the divorce, like a claim to alimony. It is not as likely to have an effect on things like property division or child custody, unless it amounts to abandonment, abuse, or neglect within the legal sense. Since every case is different, I would need to have more facts about your situation to provide a more definitive answer.
    Answer Applies to: Massachusetts
    Replied: 3/11/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    It will make it easier to ask for exclusive use of the family residence, and to be the primary custodial parent, assuming you have kids. As for dividing assets and debts, or support issues, the fact of him moving out makes no difference. Your question is somewhat vague. If you have more questions, feel free to call.
    Answer Applies to: California
    Replied: 3/11/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    If he left kids behind it can have a profound impact on child custody. Other than that, I doubt it has much impact. Call an attorney and start considering your options ASAP.
    Answer Applies to: California
    Replied: 3/11/2011
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